LAWS(MPH)-2019-7-147

RIPUDAMAN SINGH YADAV Vs. STATE OF M.P.

Decided On July 16, 2019
Ripudaman Singh Yadav Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) The instant intra Court appeal filed u/S. 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 questions the legality, validity and propriety of order dated 21.06.2019 passed in W.P. No.11141/2019 by the learned Single Judge dismissing the petition on merits preferred by the petitioner/appellant herein against his transfer from Veterinary Hospital, Deenpura, District Bhind to Veterinary Hospital, Lakhanvas, Tehsil Byavra, District Rajgarh.

(2.) Though several grounds have been raised by the counsel for petitioner but the one which appeals to this Court is that the daughter of petitioner is pursuing her academic career in Class- 11th which is a crucial stage in the career of a student which if disturbed can jeopardise the future career of a student.

(3.) This Court is conscious of the fact that assailing an order of transfer on the ground of the son/daughter of transferred employee being in Class-11th and 12th is not a justiciable cause. However, our Constitution contemplates the State at the center or at provincial level, to be directed towards welfare of the people at large, which is only possible when the people are contented by the treatment they received from the State. Services, are an integral part of the system and are instrumental in making the administrative machinery of the State move. The directive principles of State Policy oblige the State to make available circumstances and atmosphere for the citizens to physically, mentally, socially and economically grow to their fullest potential and in-turn contribute towards the over all development of the nation. This concept is reflected from a bare reading of Article 38(1) of the Constitution of India which is one of the directive principles of State Policy, which is reproduced below for ready reference and convenience:-